A common lament is that individuals, who are often innocent people trying to achieve redress through civil rights and employment claims, have too high a burden to demonstrate that the producing party spoliated evidence.

Several proposed amendments seek to promote proportionality in discovery by directly amending the scope of discovery, promoting clearer responses to Rule 34 requests for production, and explicitly recognizing the authority to allocate expenses in discovery.

In the early days of e-discovery, individual plaintiffs wielded most of the power in their ability to wage large and expensive discovery against corporate parties. Now, the technology revolution has changed that power dynamic.